Cremations

Cremation applications

Cremation of bodily remains

Applications for cremation approval for bodily remains (including a live-born child who dies within 28 days after birth and a still-born child) are made using Form 5. Form 5 is a mandatory form prescribed in the Cemeteries and Crematoria Regulations.

Form 5 must be accompanied by supporting documentation in accordance with s.131(3) of the Cemeteries and Crematoria Act. For example, a medical certificate of cause of death issued by a doctor under s. 37(2) of the Births, Deaths and Marriages Registration Act 1996. A full list of supporting documentation options is included in the form.

In most cases, Form 6 is also a required for applications for cremation approval for bodily remains.

Form 6 is completed by a registered medical practitioner who is not the registered medical practitioner who completed the notice required under s. 37(2) of the Births, Deaths and Marriages Registration Act for the death of the deceased person who is to be cremated. Download the guidance notes for registered medical practitioners authorising cremation for more information.

Please note Form 6 is not required for applications that relate to a still-born child, a death investigated by a coroner, a death that occurred outside Victoria or bodily remains with an identifier.

If the death occurred outside Victoria, an authority to cremate under the hand of the coroner or other person permitted by the law of the jurisdiction where the deceased died to authorise cremation may be sufficient as a supporting document for consideration by the cemetery trust. However, if the cemetery trust is unsure of the validity of the documentation, the applicant must be referred to the department to seek cremation approval.

Cremation of body parts

Applications for authority to cremate body parts that are not foetal remains must include prescribed information from a prescribed person. Form 7 is used for applications for authority to cremate body parts that are not foetal remains.

Cremation of foetal remains

Applications for authority to cremate foetal remains which are not a still-born child must include prescribed information from a prescribed person. Form 8 is used for applications for authority to cremate foetal remains which are not a still-born child.

Cremation of bodily remains with an identifier

If bodily remains to be cremated have an identifier, for example a cadaver imported for surgical teaching, an application for cremation approval must be made using Form 9.

Before submitting Form 9 to a cemetery trust, the applicant must seek written cremation approval from the department. The department’s approval is then attached to Form 9 as an accompanying document before the application is submitted to the cemetery trust. More information is available at Cremation approval.

Cremation of body parts with an identifier or container reference number

If body parts (including foetal remains) to be cremated have an identifier or container reference number, for example historic specimens from a museum or unused body parts from a tissue bank, an application for cremation authority can be made using Form 10.

Applications that do not meet documentation requirements

If an applicant is unable to meet documentation requirements under the Cemeteries and Crematoria Act, the cemetery trust should refer the applicant to the department. More information about the departmental application process is available at Cremation approval.

Granting cremation approvals

If the cemetery trust is satisfied with the application, they must grant the cremation approval. The cemetery trust should confirm authorisation for cremation in writing.

It is an offence to cremate or assist in the cremation of bodily remains without a cremation approval. This offence is punishable by a maximum penalty of 600 penalty units or 5 years imprisonment or both.

Transporting remains for cremation

The remains transported into a public cemetery for cremation must be suitably enclosed in a coffin, container or receptacle that complies with requirements under r. 41 of the Cemeteries and Crematoria Regulations. The coffin, container or receptacle must be clearly labelled in accordance with r. 42 of the Cemeteries and Crematoria Regulations.

The cemetery trust may inspect a coffin and its contents to ensure that neither will impede the cremation process or cause damage to the cremator.

Release of cremated remains

The cemetery trust must make cremated remains available for collection within 2 working days of the cremation. Cremated remains may only be released to the applicant, the applicant’s agent or in certain circumstances the nearest surviving relative of the deceased.

If the cremated remains are not collected, the cemetery trust must hold them for at least 12 months. If the remains are not collected within 12 months, the trust may dispose of the remains if at least 3 months before the expiry of the 12 months they take reasonable steps to notify the applicant of the trust’s intention to dispose of the remains.

Cremated remains may be interred in a public cemetery with the approval of the cemetery trust and the right of interment holder. More information is available at Interment of cremated remains.